Art Commissions

Hello and thank you for taking an interest in my art!

I'm Malifex, a 37-year-old artist from the United States, specializing in yaoi, bara, and furry illustrations. If you are interested in purchasing a commissioned piece from me, please take a moment to read my Terms of Service (TERMS) below, check out my Pricing List (PRICING) for an estimate of your expected costs, and then fill out my Commission Form (APPLY) with all the necessary details. Commissioners should be ready to pay for their commission prior to filling out the form as no work will be done on the project until payment has been secured.

If you have any questions, feel free to contact me at the email listed below. I look forward to working with you to bring your artistic vision to life!

TERMS OF SERVICE

DEFINITIONS

Active Project List: A roster of all projects currently being worked on - whether commercial, non-commercial, or complimentary - by the Artist that is actively refreshed when an active project is completed. The Active Project List can be viewed as part of the Waiting List as listed below.

Anonymous Client Attribution: At the request of the Client, the client of the commissioned project can be attributed to “Anonymous” in the commission credits.

Anonymous Source Attribution: At the request of the Client, the source of the commissioned character(s) can be omitted from the commission credits.

Anonymous Subject Attribution: At the request of the Client, the subject of the commissioned project can be attributed as “Anonymous” in the commission credits.

Artist: The individual responsible for producing the commissioned project: Malifex.

Blacklist: A roster of all past and potential clients that are currently prohibited from purchasing future commissions due to a previous breach of these Terms of Service. The Blacklist can be viewed here.

Client: The individual(s) responsible for the purchase of the commissioned project from the Artist.

Commercial Contract: A legally-binding contract between the Artist and a Client in which the Artist agrees to sell select commercial rights to the Client.

Commission: Any illustration produced by the Artist in exchange for monetary reimbursement.

Commissioned Project: The collective grouping of all commissioned illustrations purchased under a Commercial Contract or Non-Commercial Contract by the Client.

Contractual Negotiation: The process of forging a legally-binding contract between the Artist and the Client in order to determine the parameters of a Commissioned Project.

Fair and Reasonable Revisions: Those alterations as specified by the Artist in the section labeled Revisions, Alterations, and Edits which do not place an undue burden on the Artist in terms of time commitment or monetary loss. This restriction is solely at the discretion of the Artist in order to prevent abuse of revision requests by the Client.

Fair Use: An exemption within copyright law in which the brief excerpt of copyright material may, under certain circumstances, be quoted verbatim or used by a secondary party (Client) for purposes such as criticism, news reporting, teaching, research, parody, non-commercial personal advertisement, and representation of personal identity such as an online avatar, without the need for permission from or additional payment to the copyright holder (Artist).

Heightened Priority: A status granted to a Commissioned Project in which the Client requests an expedient completion or lists a specific deadline within their Commercial Contract and/or Non-Commercial Contract. Electing to grant Heightened Priority to a Commissioned Project will incur an additional fee to the Client in exchange for the Artist’s cooperation.

Non-Commercial Contract: A legally-binding contract between the Artist and a Client in which no commercial rights are sold to the Client.

Notice of Cancellation: A written notice sent directly from the Client to the Artist for the purpose of requesting the cancellation of a current Commissioned Project by terminating the Commercial Contract and/or Non-Commercial Contract. A Notice of Cancellation absolves the Artist of any further responsibility in regard to the Commissioned Project as stipulated in the section below titled Suspensions, Cancellations, Refunds, and Reimbursements.

Pricing List: A collection of tabulated costs for a Commissioned Project on behalf of the Artist for the purpose of calculating an estimate by any potential Client. The Pricing List may be altered or removed by the Artist at any time and for any reason and is not a guarantee of actual cost prior to being agreed upon through a Commercial Contract and/or Non-Commercial Contract. The Pricing List can be viewed here.

Privatized Release: A status granted to a Commissioned Project in which the Client requests that the finished illustrations are not released by the Artist on any website accessible to the public or used for the purpose of advertising and promotion. This agreement is nullified if the Client elects to forego this restriction independent of the Artist. In the event of a Client-led breach of the Privatization status, the Commissioned Project is immediately considered a Public Release.

Public Release: The default agreement between the Artist and the Client in which a Commissioned Project may be released on any public or private domains, may be used by the Client as stipulated within the bounds of Fair Use, and may be used by the Artist for the purpose of advertisement and promotion without restriction.

Source: The sourced media for which the Subject is claimed by copyright of a third party for the purpose of proper attribution.

Subject: The character(s) depicted within an illustration, whether through a Commercial Commission, Non-Commercial Commission, or Non-Commissioned Project.

Suspension of Application: A written notice sent directly from the Client to the Artist for the purpose of requesting a temporary removal from active promotion within the Waiting List until such time as the Client elects to reverse this suspension. The Client may request a Suspension of Application for up to 90 total days without recourse. Any Suspension of Application extending to or beyond 90 days total is considered tacit authorization for the Artist to remove the Client’s application from the Waiting List with or without notice.

Suspension of Contract: A written notice sent directly from the Client to the Artist for the purpose of requesting a temporary suspension of all progress on an active Commissioned Project until such time as the Client elects to reverse this suspension. The Client may request a Suspension of Contract for up to 30 total days without recourse. Any Suspension of Contract extending to or beyond 30 days total is considered tacit authorization for the Artist to terminate the Commercial Contract and/or Non-Commercial Contract associated with the Commissioned Project with or without notice.

Waiting List: A roster of all potential Clients intending to purchase a Commissioned Project through a Commercial Contract and/or Non-Commercial Contract. The Waiting List can be viewed here.

USER AGREEMENT

1. These Terms of Service govern the Client's (your) access to and use of the Artist's (my) services prior to, during, and after the purchase of a Commissioned Project.

2. All products created for this purpose, including physical prints, digital files, videos, and other associated materials offered and downloaded are subject to the conditions of this agreement.

3. These terms are subject to change at any time and for any reason.

4. The Client is only bound to the version of these Terms of Service current to the date of purchase and will not be bound to changes occurring thereafter without prior written consent from both the Artist and Client.

5. The Client is required to read through these terms and conditions prior to the purchase of any commissioned illustration and agrees to abide by them.

6. Choosing to purchase a Commissioned Project from the Artist constitutes a tacit and binding agreement to these terms, and the Client is assumed to have read them in full.

PRIVACY POLICY

1. No information collected for the purpose of completing a Commissioned Project will be shared with any third party, either voluntarily or commercially, except in the event of a financial audit, legal process, governmental request, business regulation, fraud claim, or threat to the well-being of the Client, the Artist, or another third party in order to comply with the appropriate authorities.

2. The Client's personal details and contact information will be kept private and secure.

3. The Client’s personal details will not be sold to a third party or company for the purpose of solicitation at any time.

4. The Artist is required to retain and store this information for the purpose of bookkeeping for up to (7) seven years.

GENERAL CONDITIONS

1. A Commissioned Project, as defined in these Terms of Service, is restricted to the creation of digital image files created through the use of drawing programs which are transferred directly to the Client upon completion and uploaded to social media sites directly by the Artist thereafter.

2. The digital image files will consist of jpg or png files, unless otherwise stipulated by the Client, at the resolution specified within the commission contract and will be delivered via email directly to the Client at time of completion.

3. The Client may elect to also purchase the SAI project files directly for personal analysis and study at an additional cost.

4. The Artist does not offer the production, sale, and shipping of physical prints except in the event that a third party site such as DeviantArt offers to produce and ship them at no cost or time commitment to the Artist.

5. The Client is responsible for saving the finished commission in the event that the Artist is unable to maintain the digital files for this project in the future.

6. The Client is required to be at least 18 years of age in order to purchase any commissioned project containing material deemed explicit, sexual, and/or graphic.

ARTIST'S RIGHTS

1. The Artist retains the right to review and alter the Terms of Service, Pricing List, Waiting List, and Active Project List at any time and for any reason.

2. The Artist retains the right to decline a commission application at any time and for any reason.

3. The Artist retains the right to suspend a commission for any length of time and for any reason.

4. The Artist retains the right to cancel and/or terminate any commission contract for any reason. This may result in a partial or full refund offered to the Client as stipulated in the Suspensions, Cancellations, Refunds, and Reimbursements section below.

5. The Artist retains the right to repost, display, advertise, and catalogue any Commissioned Project with appropriate credit to the Client, Subject, and Source.

6. The Artist retains the right to repurpose unused material from a Commissioned Project for future use.

7. The Artist retains the right to pursue damages under United States Copyright Law (https://copyright.gov/title17/), should the Client breach these Terms of Service.

CLIENT'S RIGHTS

1. The Client retains the right to repost and display a Commissioned Project with all appropriate attribution as listed in the Contact Information section below.

2. The Client retains the right to reuse and reproduce a Commissioned Project for private, personal use of no commercial value.

3. The Client retains the right of duplication and alteration of the commissioned project for the purpose of Fair Use as listed in the Definitions section above for use in web design, profiles, avatars, and banners.

4. The Client retains the right to request the alteration of the Artist's signature to a different location on the illustration.

5. The Client retains the right to request a work-in-progress sample with appropriate watermarks at any time.

6. The Client retains the right to request Anonymous Client Attribution as stipulated in the Special Conditions section below.

7. The Client retains the right to request Anonymous Subject Attribution as stipulated in the Special Conditions section below.

8. The Client retains the right to request Anonymous Source Attribution as stipulated in the Special Conditions section below.

9. The Client retains the right to request a Privatized Release as stipulated in the Special Conditions section below.

10. The Client retains the right to request Prioritized Status as stipulated in the Special Conditions section below.

11. The Client retains the right to delay publication of a Commissioned Project for the purpose of gifting.

12. The Client waives the right to change, modify, or alter the Artist's work without written permission from the Artist.

13. The Client waives the right to reproduce the Commissioned Project for commercial use without a Commercial Contract.

14. The Client waives the right to claim credit for the production of the commissioned illustration.

15. The Client waives the right to use the Commissioned Project for any contest or as a reward for a contest or raffle except in the case of a personal gift.

15. The Client waives the right to remove watermarks or signatures without written permission from the Artist.

ART TRADES AND COLLABORATIONS

1. The Client should contact the Artist directly at the email listed in the Contact Information section below in order to request a collaboration and/or art trade.

2. Collaborations are reserved for other artists that work in a similar style and with a comparable skill set in order to produce a workable illustration. The Artist may choose to turn down a collaboration offer if these expectations are not met.

3. Art Trades will be accepted if the project commitments from both artists are sufficiently similar and the Artist does not have a heavy workload from other commercial and non-commercial projects.

WAITING LIST

1. The Client should be ready and willing to purchase a Commissioned Project if they apply to join the Waiting List.

2. All Commissioned Projects will be addressed on a first come, first served basis from the Waiting List with the exception of Prioritized Status projects as described in the Special Conditions section below.

3. The Client may elect to place their project under Prioritized Status at an additional contractual fee. If a Commissioned Project is of a time-sensitive nature, this fee will be added in the event that the Artist is required to move the application up the Waiting List in order to complete it in time.

4. The Artist retains the right to decline a Commissioned Project of a time-sensitive nature if the deadline is unachievable.

5. Unwillingness to pay the Prioritization Fee during Contractual Negotiations will result in the project being returned to the Waiting List at the appropriate location based on the application date with a standard priority status.

6. The Client is required to contact the Artist immediately in the event of a Notice of Suspension or Notice of Cancellation.

7. In the event of a Suspension of Application, the potential project may remain on the Waiting List for no more than 90 total days. If the suspension continues beyond 90 total days, the Artist retains the right to remove the suspended project from the Waiting List until such time as the Client decides to re-apply unless otherwise agreed upon in writing by both the Artist and the Client.

8. In the event that more than one consecutive project on the Waiting List is marked as a Privatized Release, they will be staggered between non-privatized commissions in an effort to maintain public visibility for the Artist.

9. Projects of a non-commercial and personal nature such as portfolio pieces, art gifts, art trades, and collaborations are automatically placed in a low-priority category and will be addressed as time permits.

SPECIAL CONDITIONS

1. Anonymous Client Attribution denotes that the Client's name will be omitted from all credits attached to the Commissioned Project. In the event that the Client elects to volunteer this information publicly thereafter, the request for Anonymous Client Attribution will be nullified immediately.

2. Anonymous Subject Attribution denotes that the Subject’s name will be omitted from all credits attached to the Commissioned Project. In the event that the Client elects to volunteer this information publicly thereafter, the request for Anonymous Subject Attribution will be nullified immediately.

3. Anonymous Source Attribution denotes that the Source will be omitted from all credits attached to the Commissioned Project. In the event that the Client elects to volunteer this information publicly thereafter, the request for Anonymous Source Attribution will be nullified immediately.

3. Privatized Release denotes that the Commissioned Project will only be released privately to the Client and will not be shared publicly. In the event that the Client elects to share the Commissioned Project publicly, the request for Privatized Release will be nullified immediately.

4. Prioritized Status denotes that the Commissioned Project will be completed prior to other non-commercial commissions of a standard or low priority, with the exception of other Commissioned Projects also marked with a Prioritized Status and an earlier application date to the Waiting List.

REVISIONS, ALTERATIONS, AND EDITS

1. No revisions, alterations, or edits are allowed except within the bounds of Fair Use as described in the Client's Rights section above.

2. The Artist does not have a "Satisfaction Guaranteed" clause.

3. The Client will be consulted during the sketching phase for potential revisions to the character pose, composition, and contents of the Commissioned Project at no cost to the Client as long as the revisions are considered Fair and Reasonable by the Artist as detailed in the Definitions section above.

4. The Client will be consulted after the inking phase for confirmation on the palette and may request minor changes at this time as long as the revisions are considered Fair and Reasonable by the Artist as detailed in the Definitions section above.

5. Upon completion of the Commissioned Project, the Client will be offered a final consultation and offered the chance to request any last minute minor alterations as long as the revisions are considered Fair and Reasonable by the Artist as detailed in the Definitions section above.

6. Additional revision requests outside those granted by the Artist within these Terms of Service are subject to a Revision Fee unless otherwise agreed upon in the Commission Contract.

7. Revisions outside those considered Fair and Reasonable by the Artist are subject to a Revision Fee. The Artist will inform the Client if any revision will incur this additional fee prior to starting work on the revision in order to allow the Client to make an informed decision.

8. Any alteration that changes the entire pose or composition of the Commissioned Project after the sketching phase revisions will be considered a full redraw and result in the redrafting of a secondary commission contract at full cost to the Client. No refunds will be offered in the event of a full redraw.

9. If the Commissioned Project suffers from missing details or neglect as a fault of the Artist, revisions in order to correct these mistakes will be completed at no penalty or fee to the Client. If the fault lies with the Client and/or the references provided, correction of these mistakes will incur a Revision Fee.

COMMERCIAL RIGHTS

1. The Artist offers limited commercial rights including the reproduction, promotional advertisement, and commercial sales of a Commissioned Project for contracted Commercial Sales Fees.

2. The Artist does not offer full commercial rights, including the ownership of copyright, to any Commissioned Project.

3. Commercial rights are negotiated on a case-by-case basis and should be discussed directly with the Artist via the email listed in the Contact Information section below.

4. Commercial Commissions with an extended production run and/or high potential profit margin as expressed by the Client may be subject to a Royalty Fee in addition to the contracted Commercial Sales Fees.

PAYMENTS

1. Pricing is non-negotiable.

2. Pricing is fixed for each Client when they reach the 10th Waiting List slot or higher based on the most recent version of the Pricing List at the time of promotion. In the event that the Artist chooses to alter pricing, this will not apply to any Client in this fixed bracket, but all Clients with applications dating later than the 10th slot will be subject to these price changes immediately and may choose to retain their spot, notify the Artist for a Suspension of Application, or notify the Artist for a Cancellation of Application from the Waiting List as necessary.

3. Promotional sales discounts apply only during the advertised time frame and will not be extended except at the discretion of the Artist directly.

4. Payments received outside the bounds of the Artist's invoices will be refused and/or immediately refunded.

5. Payments may only be made in USD through PayPal using the Artist's invoice unless otherwise specified by the Artist directly and in writing.

6. Payment must be made in full prior to the Artist beginning work on a Commissioned Project.

7. If a Client requires a payment plan, the Artist may choose to draft a series of partial payments until such time that the full amount is paid, but this offer is never guaranteed.

8. Inability to pay for a Commissioned Project after Contractual Negotiation within (7) seven days and without a further written agreement from the Artist will result in the contract being terminated and the Commissioned Project being cancelled.

9. Gratuities may be paid via the Artist's ko-fi account, which is listed in the Contact Information section below.

10. Payment transaction fees via PayPal are included in the cost of the Commissioned Project and will be paid by the Artist.

SUSPENSIONS, CANCELLATIONS, REFUNDS, AND REIMBURSEMENTS

1. The Client may notify the Artist of a Suspension of Application to the Waiting List at any time and for any reason for up to 90 days total without incident.

2. In the event of a Suspension of Application for more than 90 days total, the Artist retains the right to remove the application from the Waiting List.

3. The Client may notify the Artist of a Suspension of Contract at any time and for any reason for up to 30 days total without incident.

4. In the event of a Suspension of Contract for more than 30 days total, the Artist retains the right to terminate the contract and will attempt to store any pending work in case the Client elects to reopen their Commissioned Project in the future, although a new contract will need to be negotiated at that time.

5. The Client may notify the Artist of a Cancellation of Contract at any time and for any reason. In the event of a Client-initiated cancellation, the Artist has no obligation to offer any refund or reimbursement to the Client.

7. The Artist may be forced to involuntarily cancel a Commissioned Project due to a breach of these Terms of Service. In the event of an involuntarily Artist-initiated cancellation, the Artist has no obligation to offer any refund or reimbursement to the Client.

8. The Artist may elect to voluntarily cancel a Commissioned Project, generally due to extraneous negative circumstances, at any time and for any reason. In the event of a voluntary Artist-initiated cancellation, the Artist agrees to pay back the full amount paid of the Commissioned Project within (30) thirty days of cancellation.

BLACKLIST

1. The Artist's Blacklist is publicly posted in the event that other artists request to cross-reference their own clients for potential problems.

2. Any Client that issues a chargeback against the Artist for any reason will be immediately placed on the Artist's Blacklist and will be prohibited from ever purchasing further Commissioned Projects from the Artist. In addition, all contracts negotiated previously with the Artist will be considered terminated and any art produced from the Client may be resold at the Artist's discretion in order to recoup potential expenses as a result of the chargeback.

3. In the event of art theft, illegitimate claims of ownership, unauthorized alterations, and other forms of art fraud, the offending party or parties will be placed on the Artist's Blacklist immediately in order to prevent further complications from arising. The Artist may choose to pursue damages as a breach of copyright and these Terms of Service under United States Copyright Law (https://copyright.gov/title17/).

4. Any Client that chooses to bully, harass, insult, or turn their aggression toward the Artist may result in the Client being placed on the Artist's Blacklist, which will result in the termination of any current and previous contracts. Constructive criticism is tolerated at the Artist's discretion.

ATTRIBUTION

Title of the Artwork
Subject Name(s)
Source / Game / Anime
Artist: Malifex
https://www.twitter.com/Malifex

CONTACT INFORMATION

You can follow me at the links below.

PRICING LIST

BUST / PORTRAIT

Rendering StylePrice
Inked (Standard Lines)$30.00
Inked (Stylized Shading)$35.00
Flats (Monochromatic)$35.00
Flats (Colored)$35.00
Shaded (Hard Cel)$40.00
Shaded (Soft Cel)$40.00
Shaded (Full)$50.00

WAIST-UP ILLUSTRATION

Rendering StylePrice
Inked (Standard Lines)$40.00
Inked (Stylized Shading)$47.50
Flats (Monochromatic)$47.50
Flats (Colored)$47.50
Shaded (Hard Cel)$55.00
Shaded (Soft Cel)$55.00
Shaded (Full)$70.00

THIGH-UP ILLUSTRATION

Rendering StylePrice
Inked (Standard Lines)$50.00
Inked (Stylized Shading)$60.00
Flats (Monochromatic)$60.00
Flats (Colored)$60.00
Shaded (Hard Cel)$70.00
Shaded (Soft Cel)$70.00
Shaded (Full)$90.00

FULL-BODY ILLUSTRATION

Rendering StylePrice
Inked (Standard Lines)$60.00
Inked (Stylized Shading)$75.00
Flats (Monochromatic)$75.00
Flats (Colored)$75.00
Shaded (Hard Cel)$90.00
Shaded (Soft Cel)$90.00
Shaded (Full)$115.00

DAKIMAKURA

Rendering StylePrice
One-Side (Hard Cel)$80.00
One-Side (Soft Cel)$80.00
One-Side (Full Render)$100.00
Two-Side (Hard Cel)$120.00
Two-Side (Soft Cel)$120.00
Two-Side (Full Render)$150.00

ADDITIONAL CHARGES

ADDITIONAL SUBJECTS

Subject TypePrice
Additional Character+1/2 Price
Partial Character+1/4 Price
Incidental Anatomy+$7.50
Minor Pet/Familiar+$15.00
Major Pet/Familiar/Mount+$50.00

SEQUENCING

Sequence TypePrice
Additional Expression*+$2.50
Expression Set (+4)+$9.00
Expression Set (+9)+$18.00
CG Pack (5)†+$25.00
Minor Attire+$7.50
Major Attire+$15.00
Minor Bodily Fluid+$5.00
Major Bodily Fluid+$10.00
Excessive Bodily Fluid+$15.00
Anatomy AlterationPrice Varies
Additional PropsPrice Varies
X-Ray Panel+$15.00
Tentacles (Base)+$25.00

BACKGROUND OPTIONS

Background TypePrice
TransparentNo Charge
White BloomNo Charge
Single ColorNo Charge
GradientNo Charge
Gradient + Particles+$7.50
LetterboxingNo Charge
Geometric ShapeNo Charge
Silhouette / Drop ShadowNo Charge
WatermarkingNo Charge
PatterningNo Charge
Stylized Poster+$15.00
Art Nouveaux (Border)+$7.50
Art Nouveaux (Tarot)+$15.00
Simple Backdrop+$7.50
Patch of Environment+$15.00
Minor Scenery+$25.00
Major SceneryPrice Varies

* Additional Expression pricing is based on the cel-shaded rendering styles. Fully-rendered color requires more significant alterations, so pricing may vary.

† CG Pack (5) is a set of five sequences for a discounted price that includes: Underwear, Nude (Flaccid), Nude (Aroused), Climax, and Aftermath.

CONTRACTUAL FEES

Fee TypePrice
Commercial UseMust Be Negotiated
Extra Revision Fee+$20.00
Very Complex Details+$20.00
High Priority Status+$25.00
Privatized Release+$25.00
Anonymous ClientNo Charge
Anonymous SubjectNo Charge
Restricted WIPsNo Charge
Restricted StreamingNo Charge

APPLY FOR A COMMISSION

Please fill out the Commission Application below in order to be added to my Waiting List. Projects are completed on a first-come, first-served basis (with the exception of High-Priority projects being bumped up to the top of the list for an additional fee). Commissioners should be ready to pay the full amount of their commission prior to applying as no work will be started on any project until it is paid.

WHAT I WILL DRAW:

  • SFW Characters

  • NSFW Males

  • Yaoi / Bara (Male + Male)

  • Furry / Anthro

  • Sexual Scenarios

  • Almost any kink (except in the NO list)

  • Complex Attire / Amor

WHAT I WON'T DRAW:

  • NSFW Females

  • Hentai (Male + Female)

  • Yuri (Female + Female)

  • Shotacon / Lolicon / Underage

  • Ferals / Bestiality

  • Extreme Kinks: Necrophilia, Scat, Vomit

  • Mecha / Robotics